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Muslims decry two legislative proposals (DOCUMENT)

Published: Thursday, February 21, 2013 at 09:37 PM.

A bill co-sponsored by state Rep. Matt Gaetz that Muslims have criticized as discriminatory passed out of the House Judiciary Committee on Thursday.

The so-called Application of Foreign Law bill would render “void and unenforceable” rulings or decisions based “on any foreign law, legal code or system” that does not provide “liberties, rights and privileges” guaranteed by the Florida or United States constitutions.

“I have the radical view that American courts should only apply American laws,” Gaetz said of the controversy the legislation has stirred.

The bill passed out of the Civil Justice Subcommittee Gaetz chairs on Feb. 7. It cleared its second hurtle Thursday when the Judiciary Committee voted 11-2 to move it forward.

Its next stop will be the House floor when the Legislature convenes in March.

A Senate companion to the bill, S.B. 58, is co-sponsored by Greg Evers, R-Baker. It has not been addressed in committee since it was introduced.

Sharia is the moral code and religious law of Islam. It addresses secular legal issues as well as personal matters.

The Council on American-Islamic Relations has denounced the House and Senate versions of the bill.

In a recent blog, David Barkey, general counsel for the Anti Defamation League, called on Florida lawmakers to denounce the proposed legislation. He called it “harmful and unnecessary anti-Sharia legislation.”

“The neutrally titled and worded ‘Application of Foreign Law’ bill, which applies to family law provisions, is nothing more than camouflaged bigotry,” Barkey said in a post submitted to the Tampa Bay Tribune.

“This legislation is a classic example of the proverbial ‘solution in search of a problem.’ ” Barkey wrote. “Its supposed purpose is to counter the infiltration of our judicial and legal system by Sharia (Islamic) law. But for the past two legislative sessions, proponents have failed to cite even one Florida court decision, or any other court decision, demonstrating an actual need for this legislation.”

Gaetz, R-Fort Walton Beach, said H.B. 531 does not specifically target Sharia. He said it seeks to prevent enforcement of “foreign laws.”

“There are instances in other states where courts are applying foreign laws,” he said.

Those instances are “in the family law context in the state of Illinois,” he said.

Evers did not return a phone call seeking comment.

Asked about the reference to the bill being “a solution in search of a problem” Gaetz responded, “You don’t always need an instant crisis to ensure our justice system is protected.”

A bill similar to H.B. 531 passed the Florida House last year but failed in the Senate.

Gaetz said he is confident the latest legislation will pass the House again this year. He was less sure about its chances in the Senate.

Efforts to reach a spokesperson for the Committee on American Islamic relations were unsuccessful.

A bill co-sponsored by state Rep. Matt Gaetz that Muslims have criticized as discriminatory passed out of the House Judiciary Committee on Thursday.

The so-called Application of Foreign Law bill would render “void and unenforceable” rulings or decisions based “on any foreign law, legal code or system” that does not provide “liberties, rights and privileges” guaranteed by the Florida or United States constitutions.

“I have the radical view that American courts should only apply American laws,” Gaetz said of the controversy the legislation has stirred.

The bill passed out of the Civil Justice Subcommittee Gaetz chairs on Feb. 7. It cleared its second hurtle Thursday when the Judiciary Committee voted 11-2 to move it forward.

Its next stop will be the House floor when the Legislature convenes in March.

A Senate companion to the bill, S.B. 58, is co-sponsored by Greg Evers, R-Baker. It has not been addressed in committee since it was introduced.

Sharia is the moral code and religious law of Islam. It addresses secular legal issues as well as personal matters.

The Council on American-Islamic Relations has denounced the House and Senate versions of the bill.

In a recent blog, David Barkey, general counsel for the Anti Defamation League, called on Florida lawmakers to denounce the proposed legislation. He called it “harmful and unnecessary anti-Sharia legislation.”

“The neutrally titled and worded ‘Application of Foreign Law’ bill, which applies to family law provisions, is nothing more than camouflaged bigotry,” Barkey said in a post submitted to the Tampa Bay Tribune.

“This legislation is a classic example of the proverbial ‘solution in search of a problem.’ ” Barkey wrote. “Its supposed purpose is to counter the infiltration of our judicial and legal system by Sharia (Islamic) law. But for the past two legislative sessions, proponents have failed to cite even one Florida court decision, or any other court decision, demonstrating an actual need for this legislation.”

Gaetz, R-Fort Walton Beach, said H.B. 531 does not specifically target Sharia. He said it seeks to prevent enforcement of “foreign laws.”

“There are instances in other states where courts are applying foreign laws,” he said.

Those instances are “in the family law context in the state of Illinois,” he said.

Evers did not return a phone call seeking comment.

Asked about the reference to the bill being “a solution in search of a problem” Gaetz responded, “You don’t always need an instant crisis to ensure our justice system is protected.”

A bill similar to H.B. 531 passed the Florida House last year but failed in the Senate.

Gaetz said he is confident the latest legislation will pass the House again this year. He was less sure about its chances in the Senate.

Efforts to reach a spokesperson for the Committee on American Islamic relations were unsuccessful.